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    General Administration Of Market Supervision: Electronic Business Platform "Two Elections One" Is Illegal.

    2019/11/5 19:33:00 0

    Electricity Supplier "Two Election One"Network OperationAliMany SpellsJingdong

    According to relevant media, the market supervision administration held today's "standardized management forum on network operations" symposium, summoned more than 20 Jingdong, Ali, spelt, vip.com, gathered and other platform enterprises to participate, pointed out the outstanding problems in the recent network operation activities, and put forward specific requirements for standardizing network operation activities.

    The forum pointed out that the outstanding problems in recent network operation activities include the following five aspects. First, the platform competition is intensifying. The problem of "two elections and one election" has been highlighted. The "two choice one" and "sole transaction" behavior in the Internet field is prohibited by the electronic commerce act. It also violates the laws and regulations of the anti trust law and the anti unfair competition law, which not only undermines fair competition order, but also damages consumers' rights and interests.

    Two, the platform is not strictly controlled, resulting in the sale of infringing fake and shoddy goods, products that do not conform to product quality and safety standards, the sale of prohibited goods and other illegal acts frequently occur, and social repercussions are strong.

    Three, there are chaos in the sale of Internet drugs, there is no qualification to sell drugs online, illegal sales of imported drugs, illegal sales of prescription drugs, banned drugs, counterfeit drugs and other issues are more prominent, and public opinion is highly concerned.

    Four, personal information collection and protection are prominent problems. In network transactions, personal information has been repeatedly collected, used, and disclosed and stolen.

    Five, there are some high incidence problems in the network centralized sales promotion activities, which mainly include: misleading consumers by false discount; carrying out false propaganda or issuing banned advertisements in promotional activities; forging their own goodwill through the "brush up letter" or maliciously evaluating other operators' goodwill; platform operators exclude or restrict consumers' rights, bind sales, refrain from fulfilling the obligation of seven days' no reason to return goods by contract standard terms, limit the participation of operators in other platforms' promotional activities, and seriously damage the legitimate rights and interests of operators and consumers in the platform.

    The meeting stressed that the healthy development of the Internet market needs the concerted efforts of all practitioners. We need to abide by the basic principles of compliance, fair competition, power and responsibility, strictly abide by the laws and regulations such as the electronic commerce act, and effectively fulfill the statutory responsibilities. We must not catch the eye and catch the ball by any means, and pursue the traffic and sales volume unilaterally.

    At the same time, the conference put forward six requirements for e-commerce operators to carry out centralized network promotion activities. First, participants in online sales promotion activities must strictly abide by relevant laws and regulations, voluntarily fulfill their obligations, and comply with the law according to law.

    Two, the platform must strictly implement the basic obligations such as the main body examination and information publicity, and strictly examine the qualification qualification.

    Three, the platform should actively implement the obligations of platform governance and fulfill its statutory responsibilities.

    Four, the platform should urge the promotions operators to consciously fulfill their obligations to promote sales and abide by the "seven day no reason to return goods" and other legal provisions, and shall not use the standard clauses to encroach on the legitimate rights and interests of consumers.

    Five, the platform should be fair and orderly competition, not to damage the commercial reputation of competitors, and should not restrict or exclude other operators from launching promotional activities.

    Six, the platform should take necessary technical means to ensure the normal operation of the platform, prohibit the violation of lawful, legitimate and necessary principles, and collect and use personal information of consumers.

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